Texas House Bill HB162

Texas 2025 - 89th 2nd C.S.

• Filed: 8/15/25

Caption

Relating to the exercise of the power of eminent domain by a political subdivision to acquire property outside the political subdivision's boundaries.

Impact

The proposed amendments would significantly alter how local agencies approach property acquisition for projects deemed to be in the public interest. By allowing political subdivisions to exert eminent domain over properties outside their borders, the bill potentially removes geographic constraints on development and infrastructure projects. This could lead to more strategic planning and developments that better serve regional needs, promoting overall growth.

Summary

House Bill 162 proposes amendments regarding the exercise of eminent domain by political subdivisions to acquire property beyond their own boundaries. This bill seeks to clarify the conditions under which local governments and agencies can assert their powers of eminent domain when dealing with properties not located within their own jurisdiction. Proponents argue that these changes will facilitate necessary expansions of infrastructure and services that may require land outside of a municipality's current limits.

Contention

However, the bill has raised concerns around property rights and the integrity of local governance. Critics argue that allowing eminent domain outside of a political subdivision's boundaries could infringe on individual property rights and undermine local control. There are worries that this could lead to abuse of power, where local governments would prioritize broad developments over the rights and needs of local residents. The balance between public service needs and private property rights is a critical aspect that stakeholders are currently debating.

Texas Constitutional Statutes Affected

Government Code

• Chapter 1505. Obligations For Coastal Municipalities For Coastal Matters
  • Section: 114

• Chapter 2206. Eminent Domain
  • Section: New Section

Human Resources Code

• Chapter 63. Residential Facilities For Certain Delinquent Children
  • Section: 017

Local Government Code

• Chapter 241. Municipal And County Zoning Authority Around Airports
  • Section: 903

• Chapter 251. Municipal Right Of Eminent Domain
  • Section: New Section

• Chapter 273. Acquisition Of Property For Public Purposes By Municipalities, Counties, And Other Local Governments
  • Section: 001

• Chapter 280. Miscellaneous Provisions Affecting Acquisition, Sale, Or Lease Of Property By Municipalities And Counties
  • Section: New Section

• Chapter 281. Municipal Civic Center Authorities
  • Section: 050

• Chapter 331. Municipal And County Authority To Acquire And Maintain Parks, Museums, And Historic Sites
  • Section: 001

• Chapter 552. Municipal Utilities
  • Section: New Section

Transportation Code

• Chapter 22. County And Municipal Airports
  • Section: 011

Water Code

• Chapter 30. Regional Waste Disposal
  • Section: 033

• Chapter 49. Provisions Applicable To All Districts
  • Section: 222

• Chapter 57. Levee Improvement Districts
  • Section: 269

Natural Resources Code

• Chapter 221. Wetland Mitigation
  • Section: New Section